People v. Neal CA2/1

Filed 7/30/21 P. v. Neal CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B310801

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA267060) v.

JULIUS LAMAR NEAL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Eleanor J. Hunter, Judge. Appeal dismissed. ________________________________

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ________________________________

Julius Lamar Neal appeals from an order denying his petition for resentencing under Penal Code1 section 1170, subdivision (d)(1). His court-appointed counsel filed a brief raising no issues pursuant to People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano). Neal did not file a supplemental brief. We therefore dismiss the appeal.

I. In 2008, a jury convicted appellant of two counts of first degree murder (§ 187, subd. (a)), four counts of attempted murder (§§ 187, subd. (a), 664), and one count of assault with a deadly weapon (§ 245, subd. (a)(2)). The jury also found true certain firearm enhancement allegations (§ 12022.53, subds. (b), (c) & (d)), as well as a multiple murder special circumstance allegation (§ 190.2, subd. (a)(3)). The court sentenced appellant to two consecutive terms of life in prison without the possibility of parole on the murder convictions, seven years on the assault conviction (including a firearm enhancement), seven years to life plus 20 years for two of the attempted murder convictions, and seven years to life plus 25 years to life for the other two attempted murder convictions. In 2009, we affirmed the convictions and sentence in an unpublished opinion. (People v. Neal (Apr. 23, 2009, B208022).) In January 2021, appellant filed a petition in the superior court for resentencing. He relied on section 1170,